FEDERAL COURT OF AUSTRALIA Gangemi v Australian Securities & Investments Commission And Liedermoy v Australian Securities & Investments Commission [2003] FCA 563 NINO GANGEMI v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION W289 OF 2002 JOHN OLIVER LIEDERMOY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION W290 OF 2002 FRENCH J 28 MAY 2003 PERTH IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W289 OF 2002 BETWEEN: NINO GANGEMI APPLICANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION RESPONDENT JUDGE: FRENCH J DATE OF ORDER: 28 MAY 2003 WHERE MADE: PERTH THE COURT ORDERS THAT: There be no order as to the costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W290 OF 2002 BETWEEN: JOHN OLIVER LIEDERMOY APPLICANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION RESPONDENT JUDGE: FRENCH J DATE OF ORDER: 20 MAY 2003 WHERE MADE: PERTH THE COURT ORDERS THAT: There be no order as to the costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY W289 OF 2002 BETWEEN: NINO GANGEMI APPLICANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION RESPONDENT W290 OF 2002 BETWEEN: JOHN OLIVER LIEDERMOY APPLICANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION RESPONDENT JUDGE: FRENCH J DATE: 28 MAY 2003 PLACE: PERTH REASONS FOR JUDGMENT ON ORDER AS TO COSTS 1 In delivering judgment in these matters I proposed to make no order as to costs on the basis that the applicants and the Australian Securities and Investments Commission (ASIC) had each been partially successful in the proceedings. Counsel for ASIC however raised the possibility that a different order should be made in relation to the costs of the proceedings and I allowed seven days for submissions as to costs to be filed. 2 The solicitors for the applicants and Mr Benter for the Perth office of ASIC have now written to the Court indicating that they are agreed there should be no order as to the costs of the two applications. I will order accordingly. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French. Associate: Dated: 28 May 2003 Counsel for the Applicants: Mr IA Morison Solicitor for the Applicants: O'Connor Partners Counsel for the Respondent: Mr AR Beech Solicitor for the Respondent: Australian Securities and Investments Commission Date of Submissions as to 26 May 2003 Costs: Date of Judgment: 28 May 2003